
jffl- 9/J3 



LB 2851 
.15 
Copy 1 



THE 



School* Book Ljaws 



INDIANA, 



Acts of 1889, 1891 arjd 1893 



SYNOPSIS OF THE DUTIES OF SCHOOL OFFICERS, 

DEALERS AND CONTRACTORS UNDER 

THE SCHOOL BOOK LAW. 



• %ISSUED BY%I 

HERVEY D. VORIES, 

Superintenoent of public Instruction. 



INDIANAPOLIS, 



\VM. B. P.l'REIIRD, PRINTER. 



S VN O PSIS 



Duties of School Officers, Dealers and Contractors 



UNDER THE 



SCHOOL BOOK LAW. 



TRUSTEES. 

To order books for use in schools s. 7, p. 4; s. 2, 

To base orders on reports of teachers and 

advice of County Superintendent 8 

Maximum total orders for any one year s 

To take charge and custody of books s 

To receipt County Superintendent and contractor 

for books s 7, p. 5 ; s 

To preserve books in original packages s 

To sell books to patrons and pupils s. 7, p. 5; s 

May arrange for disposition of old books s 

Misdemeanor to sell books for more than contract 



price. 



3, 
12, 

3, 

7, 



Penalty for selling books in excess of contract prices 

To make quarterly reports and settlements 

s. 8, p. 5 ; s 

To be sworn to book reports s. 8, p. 5 ; s. 

Liable on bond for failure to report and settle 

s. 9, p. 5 ; 8. 
Embezzlement to fail or refuse to turn over any 

money or books sec. 13, p. 7; 8. 10, p. 13; s. 

Penalty for failure to turn over money or books 

s. 13, p. 7; s. 10, p. 13; 8. 7, p. 19 
May pay for books out of township funds 8. 3, p. 9 



12, 
12, 

• 3, 
3, 

7, 

7, 

7, 



p. 9 

p. 9 
p. 9 
p. 5 

p. 9 
p. 14 
p/9 
p. 5 

p. 7 
p. 7 

p. 10 
p. 9 

p. 11 

p. 19 



11 SYNOPSIS OF DUTIES OP SCHOOL OFFICERS, ETC. 

Shall not contract debt to pay for books s. 3, p. 10 

Liable for safe keeping of books s. 3, p. 10; s. 12, p. 14 

To return surplus books to contractor s. 3, p. 10 

To return damaged or defective books s. 12, p. 14 

-UL-To furnish booJs:s to the poor free ; s. 4, p. 10 

To report books furnished the poor s. 5, p. 11 

To sell books to dealers at 10 per cent, discount s. 1, p. 17 

To pay 5 per cent, out of special school fund s. 2, p. 17 

Shall not deliver books to dealers except for cash ...s. 1, p. 17 

To make monthly reports and settlements s. 2, p. 17 

Exempt from making quarterly reports ..s. 5, p. 11 ; s. 2, p. 18 

To make annual reports s. 5, p. 11 ; s. 4, p. 18 

To see that only adopted books are used s. 11, p. 13 

To see that the name and price of the adopted books 

are printed on outside covers of all books used s. 13, p. 14 

To see that a supply of books is kept on hand s. 3, p. 18 

To notify dealers of introduction of new or revised 

books s. 10, p. 21 

Penalty for failure to perform any duty s. 6, p. 19 

COUNTY SUPERINTENDENTS. 

To give special bond.. s. 10, p. 6; s. 8, p. 12 

Penalty for failure to give bond s. 10, p. 6; s. 8, p. 12 

To make requisitions for books s. 7, p. 4 

To notify Trustees of receipt of books s. 7, p. 4 

To sell books to other than public schools s. 7, p. 5 

To enter suit against Trustees s. 9, p. 6; s. 7, p. 11 

To make quarterly reports and settlements. .s. 11, p. 6; s. 9, p. 12 

To be sworn to quarterly reports s. 11, p. 6 ; s. 9, p. 12 

To file copy of quarterly reports with Au- 
ditor ...s. 11, p. 6; s. 9. p. 12 

Penalty for failure to report and settle.. ..s. 11, p. 6; s. 9, p. 12 
Embezzlement to fail or refuse to turn over money 

or books s. 13, p. 7; s. 10, p. 13; s. 7, p. 19 

Penalty for failure to turn over money or 

books s. 13, p. 7; s. 10, p. 13; s. 7, p. 19 

To see that only adopted books are used s. 11, p. 13 

To keep books and see that a sufficient supply is on 

hand s. 3, p. 18 

To see that the name and price of the adopted books 

are printed on the covers of all books used s. 13, p. 14 



? OCT 1905 
D. of D, 



SYNOPSIS OF DUTIES OF SCHOOL OFFICERS, ETC. ill 

To make monthly reports and settlements s. 5, p. 18 

To file copy of monthly report with Auditor s. 5, p. 19 

To scale down requisitions s. 10, p. 21 

To notify dealers of introduction of new or revised 

books s. 10, p. 21 

Penalty for failure to perform any duty s. 6, p. 19 

DEALERS. 

Allowed 10 per cent, discount s. 1, p. 17 

Must pay cash for books s. 1, p. 17 

Make annual statement of books on hand........ s. 4, p. 18 

Penalty for failure to report books on hand s. 4, p. 18 

Forbidden to sell in excess of contract prices s. 8, p. 19 

Penalty for overcharging for books s. 8, p. 19 

Shall not handle or sell books on consignment s. 1, p. 17 

CONTRACTORS. 

To ship books to County Superintendents. .s. 7, p. 4; s. 12, p. 13 

To print name and price on outside covers s. 13, p. 14 

To wrap books in packages s. 12, p. 18 

To label packages s. 12, p. 13 

To have right of action s. 6, p. 19 

To give consent to act of 1898 s. 1, p. 16 

To pay cost of revision s. 9, p. 20 

To give bond s. 10, p. 22 ; s. 14, p. 25 ; s. 16, p. 25 

To furnish blanks s. 4, p. 18; s. 5, p. 18 

STATE SUPERINTENDENT. 

To make requisitions s. 7, p. 4 

To scale requisitions s. 2, p. 9 ; s. 10. p. 21 

To print and distribute laws s. 14, p. 14; s. 17, p. 25 



SCHOOL BOOK LAW. 



[ Passed in 1889. 



AN ACT entitled an act to create a Board of Commissioners for the 
purpose of securing for use in the common schools of the State of 
Indiana, of a series of text-books, defining the duties of certain offi- 
cers therein named with reference thereto, making appropriations 
therefor, defining certain felonies and misdemeanors, providing pen- 
alties for the violation of the provisions of said act, repealing all 
laws in conflict therewith, and declaring an emergency. 

[Became a Law by Lapse of time without the Governor's Approval.] 

Section 1. Be it enacted by the General Assembly ofthe BoSiTd of Edu . 
State of Indiana, That the State Board of Education cation - 
shall constitute a Board of Commissioners for the pur- 
pose of making a selection, or procuring the compila- 
tion tor use in the common schools of the State of Indi- 
ana, of a series ol text-books in the following branches 
of study, namely : Spelling, reading, arithmetic, geog- studies. 
raphy, English grammar, physiology, history of the 
United States, and a graded series of writiug books. 
The matter contained in the reader shall consist of 
lessons commencing with the simplest expression of 
the language, and by a regular gradation, advancing to 
and including the highest styles of composition both in 
poetry and prose: ^Provided, That none of said text- Proviso 
books shall contain anything of a partisan or sectarian 
character: And, provided further, That the foregoing 
books shall be at least equal in size and quality as to 
matter, material, style of binding and mechanical exe- 
cution, to the following text-books now in general use, 
namely : The speller to McGufi'ey's Spelling-book, the Text books, 
reader to Appieton's Readers, the arithmetic to Ray's 
New Arithmetic Series, the geographies to the Eclectic 
Series of Geographies, the grammar to Harvey's Gram- 
mar, the physiology to Daltou's Physiology, the history 
of the United States to Thalheimer's History of the 
United States, and the writing-books equal to the 
Eclectic Copy-books. 

Sec. 2. The said Board of Commissioners shall, im- Advertising, 
mediately upon the taking effect of this act, advertise 



SCHOOL BOOK LAW 



Authors. 



Compilation. 



for twenty-one consecutive days in two daily papers 
published in this State, having the largest circulation, 
and in one newspaper of general circulation in the 
cities of New York, Philadelphia, Cincinnati, Chicago 
and St. Louis, that at a time and place to be fixed by 
said notice, and not later than six months after the first 
publication thereof, said board will receive sealed pro- 
posals on the following: 

Proposals. First. From publishers of school text-books, for fur- 

nishing books to the School Trustees of the State of 
Indiana for use in the common schools of this State, as 
provided in this act, for a term of five years, stating 
specifically in such bid the price at which each book 
will be furnished, and accompanying such bid with 
specimen copies of each and all books proposed to be 
furnished in such bid. 

Second. From authors of school text-books, who 
have manuscripts of books not published, for prices at 
which they will sell their manuscript, together with the 
copyright of such books for use in the public schools of 
the State of Indiana. 

Third. From persons who are willing to undertake 
the compilation of a book or books, or a series of books, 
as provided for in section one (1) of this act, the price 
at which they are willing to undertake such compila- 
tion of any or all of such books, to the acceptance and 
satisfaction of the said Board of Commissioners: Pro- 

Proviss. vided, That any and all bids by publishers, herein pro- 

vided for, must be accompanied by a bond in the penal 
sum of fifty thousand dollars, with resident freehold 
surety, to the acceptance and satisfaction of the Gover- 
nor of this State, conditioned that if any contract be 
awarded to any bidder hereunder, such bidder will enter 
into a contract to perform the conditions of his bid to 
the acceptance and satisfaction of said Board : And, 

Proviso. provided further, That no bid shall be considered unless 
the same be accompanied by the affidavit of the bidder 
that he is in nowise, directly or indirectly, connected 
with any other publisher or firm who is now bidding 
for books submitted to such board, nor has any pecuni- 
ary interest in any other publisher Or firm bidding at 
the same time, and that he is not a party to any com- 
pact, syndicate or other scheme whereby the benefits 
of competition are denied to the people of this State : 

Proviso. And be it further provided, That if any competent author 
or authors shall compile any one or more books of the 
first order of excellence, and shall offer the same as a 
free gift to the people of this State, together with the 
copyright of the same and the right to manufacture and 



OF INDIANA. 3 

sell such works in the State of Indiana for use in the 
public schools, it shall be the duty of such Board of 
Commissioners to pay no money tor auy manuscript or 
copyright for such book or books on the subject treated 
of in the manuscript so donated ; and such Board shall 
have the right to reject any and all bids, and at their 
option such Board shall have the right to reject auy bid 
as to a part of such books, and to accept the same as to 
the residue thereof. 

Sec. 3. It shall be the duty of such Board to meet Examine bids, 
at the time and place meutioned in such notice, and 
open and examine all sealed proposals received pursu- 
ant to the notice provided for in section two (2) of this 
act, and it shall be the further duty of such Board to 
make a full, complete and thorough investigation of all 
such bids or proposals, and to ascertain under which of 
said proposals or propositions the school books could be 
furnished to the people of this State for use in the com- 
mon schools at the lowest price, taking into considera- 
tion the size and quality as to matter, material, style of 
binding and mechanical execution of such books: Pro- p rov i lo . 
vided, always, That such Board shall not, in any case, 
contract with any author, publisher or publishers, for 
the furnishing of any book, manuscript, copyright or 
books which shall be sold to patrons for use in the pub- 
lic schools of this State at a price above or in excess of 
the following, which prices shall include all cost and 
charges for the transportation and delivery to the several 
County School Superintendents in this State, namely: 
For a Spelling book, ten (10) cents; for a First Reader, Prices, 
ten (10) cents; for a Second Reader, fifteen (15) cents; 
for a Third Reader, twenty-five (25) cents; for a Fourth 
Reader, thirty (30) cents; for a Fifth Reader, forty (-40) 
cents; for an Arithmetic, intermediate, thirty-five (35) 
cents; for an Arithmetic, complete, forty five (45) cents; 
for a Geography, elementary, thirty (30) cents; for a 
Geography, complete, seventy- five (75) cents; for an 
English Grammar, elementary, twenty-five (25) cents; 
for an English Grammar, complete, forty (40) cents ; for 
a Physiology, thirty-five (35) cents ; for a History ot the 
United States, fifty (50) cents ; for Copy Books, each, 
five (5) cents. 

Sec 4. If, upon the examination of such proposals, Bid too high, 
it shall be the opinion of such Board of Commissioners, 
that such books can be furnished cheaper to the patrons 
for use in the common schools in the State by procur- 
ing and causing to be published the manuscript of any 
oj all of such books, it shall be their duty to procure 
such manuscript and to advertise for sealed proposals 



SCHOOL BOOK LAW 



Contract. 



Liability. 



Proclamation 
of Governor. 



Duty of School 
Trustees. 



Requisition. 



Duty of Co. 
School Super- 
intendents. 



Duty of 
Trustees. 



for publishing the same, in like manner as hereinbe- 
fore provided, and under the same conditions and re- 
strictions. And such contract may be let for the pub- 
lication of all of such books, or for any one or more of 
such books separately; and it shall be the further duty 
of such Board of Commissioners to provide, in the 
contract for the publication of any such manuscript, 
for the payment by the publisher of the compensation 
agreed upon between such Board and the author or 
owner of any such manuscript for such manuscript, to- 
gether with the cost or expense of copyrighting the 
same. 

Sec 5. It shall be a part of the terms and conditions 
of every contract made in pursuance of this act that the 
State of Indiana shall not be liable to any contractor 
hereunder for any sum whatever; but that all such con- 
tractors shall receive their pay and compensation solely 
and exclusively from the proceeds of the sale of the 
books, as provided for in this act. 

Sec 6. As soon as such Board shall have entered into 
any contract for the furnishing of books for use in the 
public schools of this State, pursuant to the provisions 
of this act, it shall be the duty of the Governor to issue 
his proclamation announcing such fact to the people of 
this State. 

Sec. 7. When such proclamation shall have been 
duly issued, it shall be the duty of the School Trustees 
of each a_d every school corporation in this State, 
within thirty days thereafter, and at such other times 
as books may be needed for use in the public schools of 
their respective corporations, to certify to the County 
Superintendent of their respective counties the number 
of school text-books provided for in such contract re- 
quired by the children for use in the schools of their 
several school corporations. Such County Superin- 
tendent shall forthwith make such requisitions for books 
as the schools in the said several counties may require 
upon the State Superintendent of Public Instruction, 
and that said State Superintendent of Public Instruc- 
tion shall immediately thereafter make a requisition for 
said books upon the contractor, who shall within ninety 
days ship the books so ordered directly to the County 
School Superintendents of the several counties of this 
State. Upon the receipt of such books it shall be the 
duty of such County School Superintendents to immedi- 
ately notify all the School Trustees of the school cor- 
porations as shown by the last school enumeration of 
their counties of the receipt of such books. It shall 
then be the duty of such School Trustees to immediately 



OF INDIANA. 5 

procure and take charge and custody of all the books 
assigned to their several school corporations, receipting 
therefor to the said County School Superintendent; and 
upon the receipt of such books by said School Trustees 
they shall furnish them on demand to the school patrons 
or school children of their respective corporations at 
the price fixed therefor by the contract entered into be- 
tween said Board of Commissioners and said contractor; 
and it shall be the duty of such school officers to sell 3S2£f Boho01 
such books for cash only; and if they shall sell or dispose 
of any books other than for the cash price thereof they 
shall be held personally liable, and liable upon their 
official bond for the price of such book or books: Pro- Proviso. 
vided, That any patron or pupil of auy school or schools 
other than the public schools, and also any child be- 
tween the ages of six and twenty-one years of age, or 
the parent, guardian or teacher of such child, shall have 
the right to purchase and receive the books, and at the 
prices herein named, by payment of the cash price 
thereof to the School Superintendent of any county in 
this State, and it is hereby made his duty to make 
requisition upon the contractor for any and all books so 
ordered and paid for by any such person or persons: 
And provided further, That nothing in this act shall Proviso. 
operate to prevent the State Board of Education, Boards 
of School Trustees or Boards of School Commissioners 
from devising means and making arrangements for the 
sale, exchange or other disposition of such books, as 
may be owned by the pupils of schools under their 
charge at the time of the adoption of hooks under the 
provisions of this act. 

Sec. 8. At the expiration of three months after the Reports. 
receipt of such books by the County Superintendent, 
and every three months thereafter, ir shall be the duty 
of each School Trustee receiving and chargeable with 
books under the provisions of this act, to make a full 
and complete report to the County Superintendent of 
the number of books sold and the amount of money re- 
ceived therefor, and the number of books on hand ; and 
at the time of making such report he shall pay over to 
the County Superintendent 'all moneys received by him 
or with which he is chargeable, from the sales of books 
in his hands; which report Bhall be duly verified by the 
oath of the party making it. 

Sec 9. If, at the expiration of teu days from the tinu Failure to 
required by this act for the making of such report oi re|or 
any School Superintendent chargeable with books under 
this act, any such officer shall have failed, neglected or 
refused to make such report, or turn over auy moneys 



SCHOOL BOOK LAW 



Suit. 



Judgment. 



Bond. 



Sureties. 



with which he is chargeable, it shall be the duty of the 
County School Superintendent, within fifteen days, to 
enter suit upon his official bond for an accounting and 
recovery of any moneys due from him on account of 
such books with which he is chargeable; and all judg- 
ments recovered upon such bonds shall include a rea- 
sonable attorney's fee for the attorney prosecuting such 
suit; and such judgment shall be without relief from 
valuation or appraisement laws, and shall' be without 
stay of execution. 

Sec 10. It shall be the duty of the several County 
School Superintendents of this State, within thirty days 
from the issuing of the proclamation by the Governor, 
as hereinbefore provided for, and of every County 
School Superintendent hereafter elected, before he en- 
ters upon the discharge of his official duties, to enter 
into a special bond, with at least two freehold sureties 
of such county, payable to the State of Indiana, condi- 
tioned that they will faithfully and honestly perform all 
the duties required of them by this act, and account for 
and pay over all moneys that may come :nto their hands, 
pursuant to the provisions of this act, in a penal sum 
which shall be equal in amount to one hundred dollars 
for every one thousand inhabitants of their respective 
counties as shown by the last census immediately pre- 
ceding the giving of such bond, to be approved by the 
Board of Commissioners of their respective counties ; 
Failure to give and upon the failure of any County School Superintend- 
ent to give such bond, his office shall become imme- 
diately vacant, and the Board of Commissioners of his 
county shall immediately appoint some competent and 
suitable person to fill such vacancy for the unexpired 
term of his office. 

Sec 11. It shall be the duty of each County School 
Superintendent in this State, within ten days after the 
quarterly reports of the School Trustees, as hereinbe- 
fore provided for, to make a full, true, complete and 
detailed report to the contractor of all books sold by 
the several School Trustees of his county, and of the 
number of books in the hands of the Trustees of each 
school corporation, which report shall be accompanied 
by all cash received by him from the school officers from 
sales of books by them sold, and which report shall be 
duly verified by him, and a duplicate thereof shall be 
filed in the office of the Auditor of his county. Upon 
the failure of any County School Superintendent, to 
make the report and to transmit the cash, as required 
by this section, a right of action shall immediately 
accrue to the contractor against the said School Super- 



bond. 



Co. Superin- 
tendents to 
make reports 



Penalty for 
failure. 



OF INDIANA. 7 

intendent aud the sureties upon the bond provided for 
in this act, for an accounting and for the recovery of 
any moneys received and not transmitted by him, and 
for any damages which may have resulted from his neg- 
lect or failure to comply with provisions of this act, and 
any judgment upon any such bond shall include a rea- 
sonable fee for the attorney prosecuting such suit, and 
such judgment shall be without relief from valuation 
and appraisement laws and shall be without stay of 
execution. 

Sec. 12. Any school Trustee charged with the sales Misdemeanor, 
of any books under the provisions of this act, who shall 
directly or indirectly demand or receive any money for 
any book or books in excess of the contract price, as 
hereinbefore provided, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof shall be fined 
in any sum not less than ten nor more than one hundred 
dollars, to which may be added imprisonment in the 
county jail for a term not exceeding sixty days. 

Sec i3. Any County School Superintendent or Trus- *£)£*$„ 
tee of any township or school corporation in this State moneys.^ 
who shall fraudulently fail or refuse, at the expiration 
of the term for which he was elected or appointed, or 
at any time during such term, when legally required b}^ 
the proper person or authority, to account for and de- 
liver and pay over to such person or persons as may be 
lawfully entitled to receive the same, all moneys or 
school books which may have come into his hands by 
virtue of the provisions of this act, shall be deemed Penalty, 
guilty of embezzlement, and upon conviction thereof 
shall be imprisoned in the State prison for au} T period 
not more than five years nor less than one year, and 
fined in any sum not exceeding one thousand dollars, 
and rendered incapable of holding any office of trust or 
profit for any determinate period. 

Seo. 14. The sum of one thousand dollars is hereby Appropria- 
appropriated out of auy funds in the State Treasury not 
otherwise appropriated for the purpose of paying the 
cost and expenses incident to the giving of the notices 
herein provided for and carrying out the provisions of 
this act. All laws and parts of laws in conflict with 
the provisions of this act are hereby repealed. 

Sec 15. Whereas, an emergency exists for the im- Emergency. 
mediate taking effect of this act, therefore it shall be 
in force from and atter its passage. 



SCHOOL BOOK LATy 



Supplemental School Book Law, Approved 
March 5, 1891. 

AN ACT for an act entitled an act concerning text books for use in the 
common schools of Indiana, defining the duties and compensation 
of certain officers and persons in this act named, with reference to 
the adoption, use, purchase and accounting for of such books; de- 
fining certain felonies and creating certain civil liabilities for a vio- 
lation of certain of such duties; making an appropriation of 
money out of the State Treasury to carry out a certain provision of 
this act ; providing what effect this act shall have upon a prior law 
on the same general subject and upon contracts entered into with 
the State thereunder; providing for the publication of this act, and 
declaring an emergency. 

[Approved March 5, 1891 ] 

Duties.ofCom- Section 1. Be it enacted by the General Assembly of 

missioned. ^ e $ tate f j n diana, That it shall be the duty of the 
Board of Commissioners for the purpose of securiug 
for use in the common schools of the State of Indiana 
of a series of text books, as constituted by the act of 
the General Assembly in this section mentioned, to im- 
mediately advertise' for bids, and to act upon such bids 
as may be submitted for the furnishing for use in the 

Books. common schools of the State of Indiana of a spelling 

book, a primary physiology, a more advanced work on 
physiology and hygiene, an elementary grammar, a 
complete grammar, and a history of the United States. 
In advertising for such bids, and in acting upon any 
bid which may be submitted, such Board of Commis- 
sioners shall be governed as far as possible by the same 
terms, conditions and limitations concerning them, and 
shall require bidders and contractors to comply with all 
terms, conditions and limitations concerning bidders or 
contractors, so far as applicable, as are contained in an 

Acts of 1889. act of the General Assembly of Indiana, entitled, "An 
act entitled an act to create a Board of Commissioners 
for the purpose of securing for use in the common 
schools of the State of Indiana of a series of text 
books, defining the duties of certain officers therein 
named with reference thereto, making appropriations 
therefor, defining certain felonies and misdemeanors, 
providing penalties for the violation of the provisions 
of said act, repealing all laws in conflict therewith, and 
declaring an emergency." Acts of the General Assem- 



OF INDIANA. » 

bly of the State of Indiana, 1889, p. 74- Provided, 
That the standard ot Physiologies shall be Hutchin- 
son's Laws of Health and Hutchinson's Physiology 
and Hygiene: And provided further, That no bids shall Proviso. 
be considered in which the price of a Primary Physiol- 
ogy shall exceed thirty cents for the volume, or in 
which a Physiology and Hygiene shall exceed sixty 
cents for the volume, or in which a history of the 
United States shall exceed sixty-five cents for the vol- 
ume. 

Sec. 2. That it shall be the duty of the Township Board to order 
Trustees and School Boards of the State, severally, on the boo ^ ? * 
first Monday of June in each year, and at such inter- 
mediate times a3 the necessity therefor shall exist, after 
considering the number and kind of adopted books al- 
ready sold in the corporation, the number and kind of 
such books on hand, and ascertaining from their teach- 
ers or Principal and Superintendent, as the case may 
be, the enrollment of scholars in the different classes or 
grades of the schools of the corporation, to order such 
quantities of the books which the State has at that 
time adopted as may seem to him or it to be necessary 
for use in the schools of such corporation until the 
first day of June then next succeeding; the estimate 
being based upon the information which it is above 
provided shall be gathered ; and on the advice of the 
County Superintendent : Provided, That the total orders p roviso . 
for any school year of the books adopted heretofore, 
and those mentioned in section one of this act, shall 
not exceed the amount of one dollar for each child enu- 
merated for school purposes in the corporation : And, 
provided further, That it shall be the duty of the State 
Superintendent to properly scale down any order for 
books which may piss through his hands, in case that 
it shall seem clear to him that such order is for a quan- 
tity of books in excess of the needs of the corporation 
during the period for which such books were ordered. 

Sec. 3. Whenever an order for the books which the Acknowledge 
State has adopted, or may adopt, shall have been filled E ece k ipt of 
by a contractor with the State and the books delivered 
to the Township Trustee or School Board making such 
order, it shall be the duty of such Trustee or Boards to 
immediately acknowledge the receipt of such books to 
the contractor, and also to make a report thereof to the 
County Superintendent, and it shall be lawful for any 
such Trustee or Scnool Board to at once make pay- 
ment for such books to the contractor through the 
Superintendent of the county out of any school funds in 
excess of the needs of their respective townships or 



10 SCHOOL BOOK LAW 

school corporations for current expenses or other special 
needs, in the hands or control of such Trustee or Board, 
aside from the principal or interest of the common Con- 
gressional School Fund or the " School Revenue for 

Proviso. Tuition :" Provided, hoioever, That no debt shall ever be 

contracted or warrantor other evidence of indebtedness 
ever be issued by a Trustee or Board on account of a 
purchase of books : And provided farther, That whenever 
any books are paid for by any Trustee or School Board, 
such Trustee or School Board shall be liable personally 
and liable upon their official bonds respectively for the 
preservation, custody and safe keeping of all such books 
until the same are sold and accounted for, or otherwise 

Trustees to re- disposed of according to law. Whenever a book paid 

ofsai P e!° ceeds for as aforesaid is sold by a Trustee or School Board, it 
shall be the duty of such Trustee or School Board to 
turu the entire proceeds of such sale into the fund, out 
of which payment was made to the contractor, to reim- 
burse the fund for such advancement. In case a Trustee 
or School Board receiving books from a contractor with 
the State shall not pay tor such books, as provided in 
this section, he, or it, shall make quarterly reports 
under oath of the sale of such books, accompanied by all 
cash received therefor, to the County Superintendent for 
transmission to the contractor as now provided by law, 
until such books shall have been fully paid for. The 
provisions of this section shall apply to all. orders here- 

Proviso. tofore filed : Provided, That if any Trustee or Board shall 

have on hands any books heretofore ordered for which 
he, or it, may have no immediate use, the same shall 
upon the order of the County Superintendent, or the 
State Superintendent of Public Instruction,be returned to 
the contractor, or be shipped to such other poiat as the 

Freight. contractor may direct, the contractor to pay all freight 

charges on such shipment; and the County Superin- 
tendent and such Trustee or Board shall thereupon have 
credit for such books so returned or shipped. 

Booksforpoor. Sec. 4. It shall be the duty of each Township Trustee 
and each School Board to furnish the necessary school 
books so far as they have been or may be adopted by 
the State, to ail such poor or indigent children as may 
desire to attend the common schools of his or its corpo- 
ration, as in his, or its opinion would be otherwise 

Proviso. unable to attend such schools : Provided, That no Town- 

ship Trustee in this State shall receive an amount ex- 
ceeding five dollars as compensation for his services in 
any one year for duties performed in carrying out the 
provisions of this act, or the act to which it is supple- 
mental. » 



OF INDIANA. 



11 



Sec. 5. When books are fully paid for out of the Books paid for 
funds of a school corporation as provided in section 3 of 
this act, it shall not be necessary for the Township 
Trustee or School Board of such corporation to make 
quarterly reports of the sale of the adopted books, but 
instead thereof a report shall in all cases be made by 
him, or it, upon oath on the first Monday of August in 
each year to the County Superintendent, and like report 
upon oath shall at the same time be made to the Board 
of Commissioners of the county, which report shall Report of 
severally state the number and kind of books on hand money use \' 
at last report •; the number and kind sold ; the number 
then on hand ; the disposition of the money received on 
such sales; the amount of money used from any school 
fund in payment for books received ; and the condition 
of such funds. Such reports shall also state the number 
and kind of books furnished as provided in section 4 of 
this act; for the price of which books so furnished the 
Township Trustee or School Board furnishing the same 
shall have credit. 

Sec. 6. The sum of one thousand dollars is hereby Appropriation 
appropriated out of the general fund in the State Treas- 
ury to enable the Board of School Commissioners men- 
tioned in Section 1 of this act to advertise for bids as in 
said section provided. 

Sec 7. Any Township Trustee or member of a School Faiim-eito 
Board receiving or being in possession of any moneys reporttnoney ' 
which at the end of the next quarter should be turned 
over to the County Superintendent to pay a contractor 
for books sold which have not been paid for out of the 
funds of the corporation, who shall fail to report the 
sale of such books at the end of such next quarter, or 
who shall fail to pay therewith the full proceeds thereof 
to the County Superintendent, or so much thereof as 
may be necessary to fully pay the contractor, shall be 
liable, after demand upon him, to a suit on his official 
bond, brought on the relation of the County Superin-Suit. 
tendent, whose duty it shall be to bring the action for 
the amount due from him, and damages, if any, and 
any judgment which shall be rendered in favor of the 
plaintiff in the action shall contain a reasonable attor- 
ney's fee and shall be payable without relief from valu- 
ation or appraisement laws. The same liability upon Liability on 
his bond shall accrue against a Township Trustee or bond - 
member of a school board who shall refuse to pay over 
as in this act required any moneys drawn from the 
funds of his corporation on account of books purchased 
or who shall fail to apply all moneys for books sold that 
have been purchased by the corporation to the reim- 



12 



SCHOOL BOOK LAW 



Special bond. 



Amount of 
bond. 



Full reports 
required. 



Failure to 
report. 



bursement of the proper fund. Any judgment rendered 
against a Township Trustee, School Board, or member 
of a School Board because of the nonperformance of 
any duty, shall include a reasonable fee for the plaint- 
iff's attorney. 

Sec. 8. It shall be the duty of each County School 
Superintendent of this State within thirty days from 
the taking effect of this act, and of each County School 
Superintendent hereafter elected, before he enters upon 
the discharge of his official duties to execute a special 
bond with at least two freehold sureties of his county, 
payable to the State of IndiaDa, conditioned that he 
will faithfully and honestly perform all the duties re- 
quired of him by law, and account for and pay over all 
moneys which may come into his hands pursuant to law, 
in a penal sum which shall be equal to one hundred dollars 
for every thousand inhabitants of his county, as shown by 
the last census immediately preceding the giving of such 
bond, which bond shall be executed to the approval of 
the Board of Commissioners of his county, and upon 
failure of any County School Superintendent to give 
such bond, his office shall become immediately vacant 
and the Board of Commissioners of his county shall 
immediately appoint some competent and suitable per- 
son to fill such vacancy for the unexpired term of his 
office. 

Sec 9. It shall be the duty of such County School 
Superintendent within ten days after the receipt of any 
report, or money from a Township Trustee or School 
Board as hereinbefore provided for, to make a full, true, 
complete and detailed report thereof to the contractor, 
which report shall be accompanied by all cash received 
by him from the school officers. The report above pro- 
vided for shall be duly sworn to by the County Super- 
intendent and a duplicate thereof shall be filed by him 
in the office of the Auditor of his county. Upon the 
failure of any County School Superintendent to make 
report to the contractor and to transmit the cash as re- 
quired by law, a right of action shall immediately ac- 
crue to the contractor against the said County School 
Superintendent, and the sureties upon his bond provided 
for in this act, for an accounting and for the recovery 
of any moneys received and not transmitted by him 
and for any damages which may have resulted from his 
neglect or failure to comply with the provisions of this 
act, and any judgment upon any such bond shall include 
a reasonable fee for the attorney prosecuting such suit, 
and such judgment shall be without relief from valua- 
tion or appraisement laws and shall be without stay of 
.execution. 



OF INDIANA. 13 

Sec. 10. Any County School Superintendent, orFaiiureto 
Trustee of any Township or member of any school ?ount r for a °" 
board in this State who shall fraudulently fail or refute monays - 
at the expiration of the term for which he was elected, 
or appointed, or at any time during such term, when 
legally required by the proper person or authority to ac- 
count for and deliver and pay over to such person or 
persons as may be lawfully entitled to receive the same, 
all moneys, or school books which may come into his 
hands by virtue of the provisions of law shall be deemed Penalty, 
guilty of embezzlement and upon conviction thereof 
shall be imprisoned in the State Prison not more than 
five nor less than one year and fined in any sum not ex- 
ceeding one thousand dollars and rendered incapable of 
holding any office of trust or profit for any determi- 
nate period. 

Sec. 11. The books which have been, or may here- Uniform, 
after be adopted by the State of Indiana for use in its 
common schools by virtue of this act, or the act men- 
tioned in section one hereof, shall be uniformly used in 
all the common schools of the State, in teaching the 
branches of learning treated of in such books, and it 
shall be the duty of the proper school officers and 
authorities to use in such schools such books for teach- 
ing the subjects treated in them. 

Sec. 12. It shall be the duty of any person or per- Supply of 
sons, firm or corporation who shall hereafter furnish and furnished! 8 
supply books under the provisions of this act, or under 
the provisions of the act of 1889, title whereof is set 
out in the first section of this act, to ship to and to 
notify the consignee of such shipment, and deliver 
the books ordered by the various County Superinten- 
dents, at such railway stations as may be most conven- 
ient for the various Township Trustees or School 
Board in the several counties to receive the same as 
may be directed by the said County Superintendent. 
And in preparing such books for such shipment it shall Preparing!! 
be the duty of every such contractor to wrap each sev- s ,pment - 
eral kind of books by themselves in packages of not 
to exceed five or ten books, according to their size, each 
such package to be securely wrapped in good substan- 
tial paper of sufficient weight to protect the books en- 
closed therein and to be closed at each end thereof, and 
each package to have plainly and clearly marked or 
printed on the outside thereof the kind and number of 
books contained therein, and as many of such pack- 
ages shall be enclosed in larger packages or b 
may be safe and convenient for shipment. And upon DutyofTown- 
the receipt of such books it shall be the duty of each ship Trustees - 

2— Sch. Book Law. 



14 



SCHOOL BOOK LAW 



Labels for 
books. 



Townsihp Trustee or School Board to carefully care for 
and protect such books until sold, and to preserve the 
same in the original packages in which they are 
wrapped without opening, until all copies of the same 
books heretofore received by him or it have been sold, 
and thereafter not to open any such package until all 
copies contained in packages previously opened have 

Proviso. been sold : Provided, If upon the opening of any such 
package, any Township Trustee or School Board shall 
discover that any of the books therein contained have 
been damaged, or are defective at the time of their re- 
ceipt by him, or it, so as to be unsalable, he, or it, shall 
not be required to offer the same for sale, but in such 
an event, he, or it, shall immediately notify the County 
Superintendent of such damaged or defective book or 
books,- who shall immediately thereafter give notice 
thereof to the contractor furnishing the same, and there- 
after such damaged or defective book or books shall be 
subject to the order of the contractor.. 

Sec. 13. It shall be the duty of any person or per- 
sons,, firm or corporation who may hereafter furnish 
and supply books under the provisions of this statute, 
or of the act of 1889, the title whereof is set out in the 
first section of this act, to print in large letters upon 
the outside of the first cover of each book so furnished 
and supplied by him or them, the name of the adopted 
book, and upon the outside of the back cover the price at 
which such book is furnished to be sold to pupils, under 
such contract, and it shall be the duty of all County Su- 
perintendents, Township Trustees, and other school offi- 
cers, and school teachers to see that all books so furnished 
to pupils, and bought by pupils for use in the schools 
of the State shall bear such imprint : Provided, This 
section shall not apply to copy books. 

Sec. 14. It shall be the duty of the Superintendent 
of Public Instruction to cause to be printed at the ex- 
pense of the Printing Fund, and to send to each of the 
County Superintendents as soon as possible after the 
passage thereof, a sufficient number of copies of this act 
to provide such Superintendent and each Township 
Trustee and each member of a School Board in such 
county with one copy of such act. Each County 
Superintendent shall, at once, upon the receipt of the 
copies intended for his county, mail or otherwise de- 
liver to each Township Trustee and member of a School 
Board in his county a copy of this act. 

Act construed. Sec. 15. Nothing in this act shall be construed to in 
anywise affect the act mentioned in section one of this 
act, and the two acts shall be regarded as each supple- 



Distribution 

of this act. 



OF INDIANA. 15 

meriting the other, except where this act shall provide 
a different procedure from the first act, in which case 
the provisions of this act shall govern. Nothing in 
this act shall be construed as affecting or impairing any 
contract right secured by any contractor under the act 
mentioned in section one of this act, but all such con- 
tracts are hereby declared to be, and are hereby made 
binding on the State to the same extent as they would 
have been had this act not been passed. 

Sec. 16. Whereas, an emergency exists for the im- Emergency, 
mediate taking effect of this act therefore it shall be in 
force from and after its passage. 



CERTIFICATE. 



STATE OF INDIANA, \ 

Office of the Secretary of State. J 88- 

I, Claude Matthews, Secretary of State of the State 

of Indiana, do hereby certify that the foregoing and 

annexed is a full, true and complete copy of House Bill 

No. 558, which passed the Fifty-seventh General As 

sembly of the State of Indiana, and now on file in the 

office of the Secretary of State of the State of Indiana. 

In witness whereof, I have hereunto set my hand 

and affixed the seal of the State of Indiana, 

at the City of Indianapolis, this 16th day of 

[seal.] March, A. D. 1891. 

CLAUDE MATTHEWS, 

Secretary of State. 



16 SCHOOL BOOK LAW 



SUPPLEMENTAL SCHOOL BOOK LAW, APPEOVED 
MARCH 1, 1893. 



AN ACT further regulating the furnishing of books for use in the common schools 
of the State of Indiana; authorizing Township Trustees aDd School Boards 
in certain instances to sell such books to merchants and dealers; providing 
for the revision of such books at the cost of the contractor when deemed neces- 
sary by the State Board of School Book Commissioners, and their continuance 
in use when so revised; providing for the introduction of an intermediate 
grammar or language lessons if deemed necessary by such Board ; prescribing 
the duties of school officers, dealers and contractors in such books; providing 
penalties for the violation thereof ; empowering said Board to require new 
bonds of contractors in certain cases ; making an appropriation to carry out 
the provisions of the act, and declaring an emergency. 

[Approved March 1, 1893.] 

Section 1 . Be it enacted by the General Assembly of the State of 
Indiana, That whenever the contractors, or either of them, to 
the extent that they might be affected in their contract rights 
under prior laws, to-wit: An act entitled "An act entitled an 
act to create a Board of Commissioners for the purpose of 
securing, for use in the common schools of the State of Indiana, 
of a series of text books, defining the duties of certain officers 
therein named with reference thereto, making appropriations 
therefor, defining certain felonies and misdemeanors, providing 
penalties for the violation of the provisions of said act, ' repeal- 
ing all laws in conflict therewith and declaring an emergency,' " 
passed by the General Assembly of the State of Indiana in the 
year 1889, and published on page 74 of the acts of 1889; and 
an act supplemental thereto and upon the same general subject, 
approved March 5, 1891, shall have filed with the State Super- 
intendent of Public Instruction an agreement in writing duly 
executed by them, or either of them separately, consenting to 
the operation of this act, as affecting the sale of school books 
turnished by them, under contract with the State pursuant to 
the provisions of existing laws, it shall then be lawful for, and 
it is hereby made the duty of the Township Trustees and 
School Boards of this State, to sell for cash to all merchants 
and dealers who may apply therefor, and in sueh quantities as 
they may require, a sufficient number of adopted school books, 
furnished by the contractor or contractors, so consenting, to 



OF INDIANA. 17 

supply all demands of school patrons and pupils attending the 
common schools and residing in their immediate neighbor- 
hoods, respectively; which books shall in no event be sold to 
school patrons or pupils by such merchants or dealers at a price 
in excess of the price fixed in the contract for such books 
between the State Board of School Book Commissioners aud 
such contractor. In making such sales, the Township Trustee 
and School Boards shall be authorized, and it is hereby made 
their duty to deduct ten per cent, from the contract price at 
which such books are required by law to be sold to the school 
patrons and school children of the State, to compensate the 
dealer for handling and selling such books; one-half of which 
deduction shall be borne by the contractor and one half thereof 
by such school corporation. And hereafter no adopted books 
shall be delivered or sold to merchauts or dealers by any 
County School Superintendent, Township Trustee or School 
Board, except upon the terms and conditions hereinbefore 
specified. 

Sec. 2. When sale shall be made of any books by any Town- 
ship Trustee or School Board to any merchant or dealer, 
pursuant to the provisions of section one of "this act, it shall be 
the duty of such Trustee or School Board, at the end of such 
calendar month, to make a report thereof to the County School 
Superintendent of the number and kind of books sold, and the 
amount of money received therefor, and the number and kind 
of books on hand ; and at the time of making such report, to 
pay over to the County School Superintendent all money 
received by him or them from any such sale or sales ; and at 
the time of making such report such Trustee or School Board 
shall also pay to such Superintendent, for transmission to the 
contractor, the one-half of the amount of the deduction in the 
price of the books so sold, which last amount shall be paid out 
of and charged to the special school fund of such school corpo- 
ration ; and for such amount the said Trustee or School Board 
shall take the receipt of such Superintendent. And in their 
reports to and settlements thereafter made with the Board of 
Commissioners of their respective counties, the said Trustees 
and School Boards shall be entitled to full credit for the money 
so paid out of said fund when such Superintendent's receipt is 
tendered and filed with such reports : Provided, That when- 
ever any Township Trustee or School Board shall have sold all 



18 SCHOOL BOOK LAW 

books ordered by him or them, or in his or their hands for sale 
to merchants or dealers, as herein provided, they shall not be 
required to make quarterly reports, as now provided by law. 

Sec. 3. It shall be the duty of County School Superintend- 
ents, Township Trustees and School Boards to see that at all 
times there are a sufficient number of books on hand, either in 
the hands of such Superintendents, trustees or School Boards 
respectively, or in the hands of the dealers in the different 
neighborhoods of their respective school corporations, to sup- 
ply the patrons and pupils of the common schools with all 
needed books ; and nothing in this act shall be construed so as 
to relieve them from any of the duties now imposed by law in 
this respect. 

Sec. 4. It shall be the duty of all merchants or dealers who 
may be supplied with books by virtue of the provisions of this 
act to furnish the Township Trustee or School Board of whom 
such books may have been purchased and received with a de- 
tailed statement of the number of books of each kind on hand 
on the fifteenth day of May of each year, and at such other 
times during the year as the same may be called for by such 
Trustee or School »Board ; and any merchant or dealer who 
shall refuse for the period of five days after request to do so, by 
any Trustee or School Board entitled to receive the same, to 
furnish such statement as above provided, shall not be entitled 
thereafter to purchase or sell any school books under the pro- 
visions of this act. And upon the receipt of any such report it 
shall be the duty of such Trustee or School Board to forthwith 
transmit a copy thereof to the County School Superintendent, 
who shall, within ten days after the receipt of any such report, 
transmit a copy thereof to the contractor, for which reports 
the contractor shall furnish the necessary blanks. 

Sec 5. It shall be the duty of each County School Superin- 
tendent in this State, within ten days after receiving any report 
or money on account of the sale of any books, from any Trustee 
or School Board of his county, as hereinbefore provided, to 
make a full, true and verified report to the contractor of the 
number and kind of books so sold by the several Township 
Trustees or School Boards of his county, and of the number 
and kind of books on hands with the said school officers, and 
himself, which report shall be accompanied by, all cash re- 
ceived by him from such Trustees or School Boards on -account 



OF INDIANA. 19 

of such sales; and he shall tile a duplicate thereof in the office 
of the Auditor of his county. The necessary blanks for which 
reports shall be furnished by the contractor. 

Sec. 6. Upon failure of any Township Trustee, School 
Board or County School Superintendent to perform any duty 
or to make report of any cash received by him or them, as re- 
quired by the provisions of this act, a right of action shall im- 
mediately accrue to the contractor against the said officer so in 
default, and the sureties upon his offical bond, for an account- 
ing, and for the recovery of any money received and not trans- 
mitted by him or them, and for any damage which may have 
resulted from his or their neglect or failure to comply with the 
provisions of this act; and any judgment in favor of the con- 
tractor in any such action shall include a reasonable fee for the 
attorney prosecuting the suit, and such judgment shall be 
collectible without relief from valuation and appraisement laws, 
and shall be without stay of execution. 

Sec. 7. Any County School Superintendent, Township 
Trustee or member of any School Board of this State who 
shall fraudulently fail or refuse, at the expiration of the term 
for which he was elected or appointed, or at any time during 
such term, when legally required by the proper person or 
authority, to account for and pay over to such person or per- 
sons as may be lawfully entitled to receive the same, all money 
or school books not previously accounted for, which may have 
come into his hands by virtue of the provisions of this act, 
shall be deemed guilty of embezzlement, and upon conviction 
thereof, shall be imprisoned in the State Prison not more than 
five years nor less than one year, and fined in any sum not ex- 
ceeding one thousand dollars, and rendered incapable of hold- 
ing any office of trust or profit for any determinate period. 

Sec. 8. Any merchant or dealer who shall knowingly or 
willfully charge, receive, collect or attempt to charge or collect, 
for any school book or books by him sold to any school patron 
or pupil, any sum in excess of the price at which such book or 
books are required to be sold by law, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be imprisoned 
in the county jail not more than six months nor less than 
thirty days, and fined in any sum not exceeding five hundred 
dollars. 

Sec. 9. Whenever the contractors for furnishing books for 



20 SCHOOL BOOK LAW 

use in the common schools, under the provisions of existing 
laws hereinbefore specified, shall have filed with the State 
Superintendent of Public Instruction their consent, in writing, 
to the revision or the introduction of an intermediate book, as 
hereinafter provided, duly executed by them, and the State 
Board of School Book Commissioners shall determine that a 
revision is needed of any or all of the books in use in the com- 
mon schools under contract made pursuant to law, or that an 
intermediate grammar or language lessons is needed, then it 
shall be lawful for the State Board of School Book Commis- 
sioners to order a revision to be made of any or all of such 
books as in their judgment may be found necessary for the 
welfare of the common schools of the State, in the manner and 
under the conditions following: 

The said Board of School Book Commissioners shall select a 
competent author or authors to perform the w T ork of revision 
of the subject matter of such book or books so ordered to be 
revised. The entire cost of such revision, including the man- 
uscript, illustrations, engravings, maps and plates therefor 
shall be paid by the contractor or contractors who may at the 
time of such revision be required to furnish such book or books 
under their contract with the State. The cost and expense, 
however, of such- revision shall first be agreed upon by the 
State Board ot School Book Commissioners and the contractor 
or contractors before such work of revision is commenced : 
Provided, If said Board and contractor or contractors shall, for 
a period of sixty days after an estimate of the cost of any pro- 
posed revision has been furnished by such State Board to the 
contractor, be unable to agree upon an amount, which in the 
opinion of such State Board, would be necessary to cover the 
cost of any such revision, then the said State Board may adver- 
tise for bids from publishers of school books for furnishing any 
such book or books, the cost of revision of which could not be 
agreed upon ; and in such advertisement, selecting and con- 
tracting for such book or books, the said Board shall be gov- 
erned by the provisions of laws now in force respecting such 
matters. 

Sec. 10. Whenever the revision of any book or series of 
books shall be determined upon by the State Board of School 
Book Commissioners, and they shall have contracted with an 
author or authors to furnish the manuscript for such revision, 



OF INDIANA. 21 

sufficient time shall be given to the author in which to perform 
the work of revising the subject matter of such book to the 
acceptance and satisfaction of such Board, and when the revis- 
ion of the subject matter of any such book is completed by 
the author and the manuscript thereof furnished to the con- 
tractor, at least six months' time shall be given the contractor 
in which to make the necessary illustrations, engravings, maps 
and plates, manufacture and ship the books to the various 
school corporations of the State before any such contractor 
shall be required to furnish any such book or series of books so 
revised for use in the schools of the State under his contract. 
And no new book, or revised book, or series of books shall be 
introduced for use in the schools of the State at any time by 
virtue of the provisions of this act until the State Board of 
School Book Commissioners shall have given notice to the 
County Superintendents, Township Trustees and School Boards 
of the State by printed notice mailed to each of said schcol 
officers, last above named, at least twelve months in advance of 
the time when such book or series of books are to be used in 
the public schools, and like notice shall be given by said County 
Superintendents, Trustees and School Boards to all merchants 
and dealers in their respective school corporations, who may 
be selling the adopted books. And it shall be the duty of the 
State Superintendent of Public Instruction and the County 
Superintendents of each county to scale down to the minimum 
number all requisitions for school books, which, may be made 
after such notice is given, thereby enabling all Township Trus- 
tees, School Boards and dealers to dispose of the stocks of books 
in their hands ; but no dealer shall buy or carry on hand at 
any time more books than are actually needed to supply the 
demands therefor for the purpose or with the intent of 
preventing the introduction of any new or revised book, ac- 
cording to the spirit of this act. And for the purpose of 
enabling the State Superintendent of Public Instruction 
to determine when any requisitions should be scaled 
down in anticipation of the expiration of any existing 
contract, it shall be the duty of the contractor to furnish to said 
State Superintendent a copy of the quarterly verified reports 
made by County Superintendents to the contractor, giving the 
number and kind of books on hand with the various dealers 
and Township Trustees and School Boards of their respective 



22 SCHOOL BOOK LAW 

counties; and at the expiration of such notice such book or 
books shall only be required to be introduced in the schools as 
new classes in the study of such branches are being formed, 
and all classes in such study or studies who, at the time of the 
expiration of the term of such notice, shall have purchased 
books for use in such classes, shall be allowed time to complete 
such books before being compelled to buy new or revised books. 
And at the expiration of any contract now in existence, or 
which may hereafter be made by the State Board of School 
Book Commissioners for furnishing books for use in the com- 
mon schools of the State of Indiana, the books then in use in 
the common schools of this State under such contract or con- 
tracts shall be continued in use therein at the same price and 
upon the same terms and conditions until such time or times as 
the State Board of School Book Commissioners shall determine 
that a revision thereof is necessary for the best interests of the 
schools, when such revision shall be made or a new book con- 
tracted for and introduced for use in the schools as herein- 
before specified : Provided, That at the expiration of any 
such contract, the State Board of School Book Commission- 
ers shall require such contractor or contractors furnishing 
such books to execute a new bond, conditioned that they 
will continue to execute such contract in all regards as 
they had theretofore executed the original contract : Provided, 
Jurther, That nothing herein contained shad be construed 
as restraining or preventing said State Board of School 
Book Commissioners, after any such school book or any such 
revised book shall have been in use in the schools of the State 
for a period of five years from proposing to the contractor 
furnishing the same, such reduction in the price at which such 
book or revised book shall be continued in use in the schools 
for the next ensuing five years, as in the judgment of said 
Board may seem reasonable. If such contractor shall accede 
to such proposed reduction, then the price of such book or 
revised book shall for such ensuing period of five years be fixed 
at the original contract price thereof less the amount of the 
reduction so agreed upon, and such price shall be printed on 
the back of said book as now required by law. In event said 
contractor shall not be willing to accede to such terms, the said 
Board may appoint a disinterested person, conversant with 
such matters, and require the said contractor to select another 



OF INDIANA. 23 

such person and the two so chosen shall select a third, and 
thereupon the three so chosen shall inquire into and consider 
what, if any, reduction ought to be made in the price at which 
such book or revised book should be furnished for use in the 
schools of the State for the next ensuing period of five years, 
and if they shall determine that any such reduction ought to 
be made, they shall fix the amount of such reduction and shall 
certify to the said Board and to such contractor their determ- 
ination in that behalf, and thereupon if said contractor shall 
accede to the price thus arrive at, the price of said book for 
the next ensuing five years shall be fixed at that sum and the 
same shall be printed on the back of such books as now pro- 
vided by law, and said contractor shall be required to furnish 
the same at such price, but otherwise in all regards under the 
provisions of this act and acts to which it is supplemental. But if 
such contractor shall decline to accede to such price thus arrived 
at, then such Board shall have the right in their discretion to 
proceed to advertise for bids to furnish a book in the place 
thereof; and in so doing, and in all subsequent steps therein, 
they shall proceed in accordance with the provisions of this 
act and of the acts to which it is supplemental: And provided, 
further, That nothing in this act contained shall be construed 
to prevent the State Board of School Book Commissioners 
from exercising their discretion in deciding whether they shall 
order any of the books already in use under coutract to be 
revised, or whether, instead, they shall advertise for books to 
be adopted instead of said books already in use. 

Sec. 11. If, in the opinion of the State Board of School 
Book Commissioners, an intermediate grammar or language 
lessons is needed for the better teaching of such branch of 
study, instead of a revision of the series of grammars now in 
use, it sball then be lawful for such Board to provide for such 
intermediate book, and for that purpose shall proceed, as now 
provided by law, to advertise for proposals to furnish such 
book, requiring bond in such sum as they deem sufficient to 
insure the compliance with such proposals, consider such pro- 
posals and contract for such book : Provided, however, That 
such intermediate grammar shall be equal in quality as to mate- 
rial, style of binding and mechanical execution to Long's 
Lessons in English, and in subject matter shall embrace not 
less than 110 pages, and shall be adapted to follow in sequence 



24 SCHOOL BOOK LAW 

to that of the Language Lessons book of said series now in use, 
and to be properly introductory to the matter contained in the 
complete book of the series as now adopted ; and if revision of 
the grammar now in use should be determined upon by the 
State Board of School Book Commissioners, then such modifi- 
cation shall be made of each or either of the books now con- 
stituting said course in grammar as shall adapt them more per- 
fectly to use in the same series, and as shall cover more per- 
fectly the entire subject matter necessary to a complete educa- 
tion in this branch of learning. And said intermediate gram- 
mars shall not be sold to patrons or pupils of the public schools 
of this State at a price above or in excess of twenty cents each. 

Sec. 12. For the purpose of determining what book or 
books, if any, may need revision, or whether an intermediate 
grammar is needed, the State Board of School Book Commis- 
sioners shall meet on the first Monday of April, 1893, and shall 
then and there make such inquiry and examination of the books 
then in use under contract with the State as shall enable them 
to determine upon the propriety of ordering any such revision 
or intermediate book or Language Lessons. And such Board 
shall, within sixty days thereafter, determine and give notice 
to the contractors of any and all revisions that shall be required 
to be made before the time of the expiration of the existing 
contract for any such book or books. 

Sec. 13. In no case shall a revision of any book or books be 
required by the State Board of School Book Commissioners 
oftener than every five years, except in geographies and his- 
tories, which said mentioned books may be ordered to be re- 
vised as often as in the opinion of the said Board shall be nec- 
essary to keep said books accurate and modern in all matters 
pertaining to those branches of study. 

Sec. 14. Whenever any book or series of books shall be re- 
vised by order of the State Board of School Commissioners such 
book or books, when completed and ready for use in the schools, 
shall be equal in every respect to the standard now fixed by 
law, as to subject matter, material, style of binding and mechan- 
ical execution. And said State Board, when contracting for 
any such revision, shall require the contractor or contractors to 
enter into a written agreement for the furnishing of such books, 
and to execute bond with resident freehold sureties to the ac- 
ceptance of the Governor of this State for the faithful compli- 



OF INDIANA. 25 

ance with their contract, such bond to be in such amount as 
said Board shall deem sufficient for the purposes contemplated. 

Sec. 15. The sum of one thousand dollars is hereby appropri- 
ated out of any funds in the State Treasury not otherwise ap- 
propriated for the purpose of paying costs and expenses inci- 
dent to the giving of notices herein provided for by said State 
Board of School Book Commissioners, and to pay the expenses 
of the State Superintendent of Public Instruction incurred in 
the distribution of this act, and of the acts to which this is 
supplemental, as herein required, and to carry out the pro- 
visions of this act. 

Sec 16. If at any time the State Board of School Book 
Commissioners shall find that the bond of any contractor, 
contracting to furnish books for use in the common schools of 
the State of Indiana, under this act, or the acts to which it is 
supplemental, has become insufficient to secure the faithful 
performance of such contract, or from any other reason be- 
come inoperative, they #hall have the right to require such 
contractor to execute a new and sufficient bond to secure the 
faithful execution of such contract. And upon failure of any 
such contractor to furnish such new bond within thirty days 
after being so required by said Board, the said Board shall 
give notice thereof to the Attorney-General of the State of 
Indiana, who shall immediately upon receipt of such notice 
bring suit to procure the cancellation of such contract of such 
contractor so refusing. And service of summons in such cause 
upon the agent of such contractor in the State of indiana shall 
be deemed and held to be sufficient service upon the con- 
tractor; and in such case the Attorney-General shall receive a 
reasonable fee for the prosecuting of such action. 

Sec. 17. It shall be the duty of the State Superintendent of 
Public Instruction, immediately upon the passage of this act, 
to cause to be printed a sufficient number of copies thereof, as 
well also of the acts referred to in the first section hereof, to 
furnish each County Superintendent, School Trustee and mem- 
ber of School Boards in the State of Indiana, with one copy 
thereof, and promptly to distribute the same to such school 
officers through the County Superintendents. 

Sec 18. This act shall be construed as supplementary to the 
acts referred to in the first section hereof, and said former acts 
are continued in full force and effect, except so far as modified 
by the provisions of this act. 



26 SCHOOL BOOK LAW. 

Sec. 19. Whereas, an emergency exists for the immediate 
taking effect of this act, therefore it shall be in force and effect 
from and after its passage. 



CERTIFICATE. 

STATE OF INDIANA, 



Office of the Secretary of State ' 

I, William R. Myers, Secretary of State of the State of In- 
diana, do hereby certify that the foregoing and annexed is a 
full, true and complete copy of Enrolled Act No. 321, Senate, 
as the same was passed by the Eifty-eighth General Assembly 
of the State of Indiana. 

Iu witness whereof, I have hereunto set my hand and affixed 
the seal of the State of Indiana, at the City of Indianapolis, 
this 16th day of March, A. D., 1893. 

/,—*—%■» W. R. MYERS, 

| SEAL I Secretary of State. 



LIBRARY OF CONGRESS 




